Inmates can contest poll but remain barred from voting

Kapurthala, January 5
Thousands of inmates languishing in various jails of the state would not be able to cast their franchise on January 30 even though those convicted under particular sections can contest the forthcoming assembly poll.

Such are the provisions of Section 62 (5) Representatives of the Public Act (RPA), 1951, that mention that no imprisoned person can vote. However, Section 8 of the RPA Act states that convicted persons with sentence less than two years can contest.

Additional Chief Electoral Officer Raj Kamal Chaudhary said the Punjab election office received instructions from the Election Commission of India a few days ago that no inmate be allowed to vote. However, he stated, if a person was convicted for some particular offences that entail less than two years of imprisonment, then he could contest the elections.

The offence includes crime under FERA, Corruption Act, Protection of Civil Rights Act, Sections 153 A of the IPC and various Sections of the IPC related with electoral malpractices, Customs Act, NDPS and TADA.

AIG (Jails) DK Sidhu said there were over 10,000 undertrials lodged in 23 jails of the state who would not be allowed to votes. These undertrials are lodges in eight central jails located at Kapurthala, Faridkot, Ferozepur, Patiala, Bathinda, Ludhiana, Amritsar and Gurdaspur (with capacity from 700 to 2800), six district jails at Ropar, Kapurthala, Hoshiarpur, Nabha, Sangrur and Mansa (with capacity below 500), eight sub jails at Dasuya, Pathankot, Phagwara, Patti, Malerkotla, Moga, Fazilka and Muktsar (with capacity from 25 to 250), Borstal jail at Ludhiana (capacity 500 prisoners from 18 to 21 years of age) and women jail at Ludhiana.

Taking strong exception to these provisions of the RPA Act, a human rights activist, advocate Rajinder Bhatia, has urged the Union Government to amend Section 62 (5) of the Act that prohibits the undertrials from voting.